In October 2013 the Supreme Court ruled that if a school uses a contractor to provide services (in this case swimming lessons to pupils) the school is still liable for contractors’ negligence.
The landmark ruling sets an important legal precedent, as it allows people who have been abused to pursue schools for compensation when contractors have disappeared or are uninsured.
This has been a particular problem in cases where the abuse happened a long time ago, as often claimants would be left with no-one to pursue.
The unanimous judgement found that “any control over a child’s welfare at school is beyond the resources of the child and their parents.
“A school has an obligation to educate and supervise children while they have control and responsibility over them.”
If you were previously discouraged from claiming because no defendant could be found you can now explore this avenue. Time limits apply, but discretion is used in abuse cases.